Writing in a paper for LexisNexis, ‘COP26―the road to net zero’, Pinsent Masons partner Pamela McDonald said she hoped there would be discussion on arbitration at the conference.
The Paris Agreement set emissions targets but ‘implementation and enforcement mechanisms under both the agreement and the UNFCCC are either absent or weak’, she wrote. While the Paris Agreement allowed states to declare they accepted arbitration in accordance with procedures in an ‘annex on arbitration’, adoption of the annex ‘would provide a vital means of ensuring the Paris Agreement is respected’.